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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the fact that he had inflicted an injury by harming the victim E's head as stated in the facts charged, and the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the aforementioned legal principles and records, the court below's decision on the charge of this part of the charges is just in holding the defendant not guilty of this part of the charges on the ground that there is insufficient evidence to acknowledge the defendant's head as being a beer's disease on the ground as stated in its reasoning, and the witnessO who is a police officer at the time of dispatch stated that the situation at the time of dispatch is not well memory after the lapse of a long time after the occurrence of this case at the time of dispatch at the trial court, and the above testimony is insufficient to prove the charges on the ground that there is insufficient evidence to support the defendant's head as being a beer's disease on the ground stated in its reasoning.
The prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.